PURPOSE: This amendment incorporates federal statutes consistent with section 536.031.4, RSMo, deletes an unnecessary definition for newsrack, updates the definitions for publication vending machine and publication vending machine bin, and deletes unnecessary restrictive wording.
PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.
(1) Definitions. When used in administrative rules 7 CSR 10-16.020 through 7 CSR 10-16.050, these words and phrases have the following meaning:(A) "Commission" - the Missouri Highways and Transportation Commission, and where appropriate, its authorized agents and representatives in the Missouri Department of Transportation;(B) "Licensee" - a public agency or private not-for-profit entity which contracts with the commission;(C) "License fee" - the fee charged by the commission's licensee to a publisher or the publisher's agent to lease space in a commission publication vending machine; (D) "Publication" - a newspaper, pamphlet, newsletter, or magazine printed and distributed to convey news and information or other matters of public interest, which may include advertisements;(E) "Publication vending machine" or "machine" - the device owned and installed by the commission, at its own discretion, at rest areas which is capable of holding one (1) or more publication vending machine bins;(F) "Publication vending machine bin" or "bin" - the individual units owned and installed by the commission for a publisher to distribute a single publication;(G) "Publisher" - any person who has paid a license fee to the commission's licensee to lease a bin to distribute its publication; and(H) "Rest area" - a commission roadside facility along a Missouri interstate highway with parking facilities for the rest, safety, or other needs of motorists. This term includes the facilities described in sections 226.750 through 226.790, RSMo, and in Title 23, United States Code section 111(b). Title 23 U.S.C. section 111(b) is incorporated by reference into and made a part of this rule as published by the United States Superintendent of Documents, 732 N Capitol Street N W, Washington, D.C. 20402-0001, website: http://bookstore.gpo.gov on January 1, 2012. This rule does not incorporate any subsequent amendments or additions to the United States Code in 23 U.S.C. 111(b). This term also includes any commission-designated welcome center facility. AUTHORITY: section 29 of Art. IV, Mo. Const., sections 226.020, 226.150, 226.750-226.790, and 227.030, RSMo 2000,* Title 23, United States Code section 111(b), and Title 23, Code of Federal Regulations part 752. Emergency rule filed Jan. 19, 1996, effective Feb. 1, 1996, expired July 29, 1996. Original rule filed Jan. 16, 1996, effective July 30, 1996. Rescinded and read-opted: Filed July 2, 2010, effective Feb. 28, 2 011. Amended by Missouri Register August 15, 2018/Volume 43, Number 16, effective 10/1/2018*Original authority: 226.020, RSMo 1939; 226.150, RSMo 1939, amended 1977; 226.750-226.790, RSMo 1965; and 227.030, RSMo 1939.